HomeMy WebLinkAboutR-04-0382City of Miami
Legislation
Resolution: R-04-0382
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00569 Final Action Date: 6/10/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, BYA FOUR -FIFTHS
(4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
DETERMINATION THAT IT IS IN THE BEST INTEREST OF THE CITY OF MIAMI
("CITY") THAT UPON THE CONVEYANCE OF CITY -OWNED PROPERTY
LOCATED AT 1390 NORTHWEST 24TH AVENUE, MIAMI, FLORIDA ("PROPERTY"),
THATALLAPATTAH COMMUNITY ACTION, INC., A FLORIDA NOT -FOR -PROFIT
CORPORATION ("PURCHASER"), RECEIVE AN EXEMPTION TO SECTION
18-182(a)(3), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
REQUIRING A PURCHASER OF CITY -OWNED PROPERTY TO MAKE ANNUAL
PAYMENTS IN THE AMOUNT OF TAXES THAT THE CITY WOULD BE ENTITLED
TO RECEIVE FROM THE PROPERTY, BASED ON FAIR MARKET VALUE SHOULD
THE PROPERTY BECOME IMMUNE, OR EXEMPT FROM PAYMENT OF AD
VALOREM TAXES FOR SAID PROPERTY.
WHEREAS, this item is a companion to Motion No. 03-147, adopted February 13, 2003, related to
the sale of City -owned property located at 1390 Northwest 24th Avenue, Miami, Florida ("Property"),
to the Allapattah Community Action, Inc., a Florida not -for -profit corporation ("Purchaser"), for the
development of affordable elderly housing; and
WHEREAS, the Property that is approximately 1.6 acres, currently sits vacant, represents a
maintenance cost and liability to the City of Miami ("City"), and does not generate ad valorem taxes;
and
WHEREAS, pursuant to Section 18-182(a)(3) of the Code of the City of Miami, Florida, as
amended, ("City Code") the City Manager is authorized to sell any surplus property, provided that,
"the deed of conveyance for such property shall contain a provision which requires that in the event
the property is ever immune or exempt from the payment of ad valorem taxes, the grantee, or any of
the grantee's assigns, heirs, or successors, shall pay to the City an annual payment which shall be
equal to what the City would have received as ad valorem taxes based on the valuation method
employed by the county property appraiser pursuant to Florida Statute, Chapter 193, as amended;"
and
WHEREAS, pursuant to Section 18-182(c) of the City Code, the City Commission may declare an
exemption from the restriction contained therein, and by resolution, declare it inapplicable provided
that (1) the City Manager has made a written finding that it is in the best interest of the City and (2)
such findings must be ratified by an affirmative vote of 4/5 of the City Commission after a properly
advertised public hearing; and
WHEREAS, the Purchaser has notified the City that it intends to apply for 24 CFR Chapter 891
particularly subpart B - Section 202 Supportive Housing for the Elderly ("U.S. HUD 202 Program"),
from the United States Department of Housing and Urban Development ("U.S. HUD") to fund the
City of Miami
Page 1 of 2 File Id: 04-00569 (Version: 1) Printed On: 9/15/2016
File Number: 04-00569 Enactment Number: R-04-0382
affordable elderly housing development; and
WHEREAS, in correspondence dated April 20, 2004, U.S. HUD stated that if it grants funding for
an affordable elderly housing development for the Property, the City's Code, Section 18-182(a)(3)
requirement of such payment in lieu of taxes conflicts with the U.S. HUD Section 202 Funding
requirement that the non-profit corporation obtain exemption from property taxes as it places
additional financial obligations in the form of increased operating expenses; and
WHEREAS, in the event that U.S. HUD awards Section 202 Funding to the Purchaser for an
affordable elderly housing development on the Property, the City Manager recommends that it is in
the best interest of the City to provide an exemption to Section 18-182(a)(3), of the City Code, for
sale of the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City
Manager's determination that it is in the best interest of the City of Miami ("City"), that following the
conveyance of the City -owned property located at 1390 Northwest 24th Avenue, Miami, Florida
("Property"), that the Allapattah Community Action, Inc., a Florida not -for -profit corporation, receive an
exemption to Section 18-182(a)(3), of the City Code, requiring a purchaser of City -owned property to
make annual payments in the amount of taxes that the City would be entitled to receive from the
property, based on fair market value should the property become immune, or exempt from payment
of ad valorem taxes for said property, is ratified, approved and confirmed.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
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